Abbott v. City of Galveston
Texas Supreme Court
Error to the Court of Civil Appeals for the Fourth District, in an appeal from Galveston County. Hutches sued the city of Galveston and those claiming under it for the recovery of land, and Abbott, a vendee of the city, intervening, on recovery of the land by plaintiff, had judgment against the city on its covenant of warranty.
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Error to the Court of Civil Appeals for the Fourth District, in an appeal from Galveston County. Hutches sued the city of Galveston and those claiming under it for the recovery of land, and Abbott, a vendee of the city, intervening, on recovery of the land by plaintiff, had judgment against the city on its covenant of warranty. On appeal- by the city this judgment was reversed and rendered in its favor as against Abbott’s claim on the warranty, and thereupon he obtained writ of error.
1Opinion of the Court
BROWH, Associate Justice.
This suit was originally brought in the District Court of Galveston County by B. F. Hutches, Jr., against George Hodges and his wife to recover possession of lots 71 and 80 in section 1 of Galveston Island; and against the city of Galveston to recover from it upon its covenant of warranty in the deed made by the city to H. C. Abbott, under whom Hutches claimed title. Abbott intervened and, by agreement with Hutches, took his place in the suit as plaintiff seeking to recover from the city of Galveston upon the warranty contained in the deed made to him (Abbott) in case…
2Cases cited5 opinions
- Phillips v. HerndonTexas Supreme Court · 1890
- Jones v. PhilipsTexas Supreme Court · 1883
- Schultz v. . GriffinNew York Court of Appeals · 1890
- Peters v. FarnsworthSupreme Court of Vermont · 1843
- Hedges v. KerrCourt of Appeals of Kentucky · 1844
3Cited by12 opinions
- Brazos River Authority v. City of GrahamTexas Supreme Court · 1961
- City of Beaumont v. MooreTexas Supreme Court · 1947
- Moore v. City of BeaumontCourt of Appeals of Texas · 1946
- Lyon v. GrayCourt of Appeals of Texas · 1926
- Mortgage Investment Company of El Paso v. BauerCourt of Appeals of Texas · 1973
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